Opinion
Motion Nos. 2023-01626 2023-01709 Index No. 570546/22 No. 2023-01645
05-09-2023
Merritt Avenue, LLC, Plaintiff-Landlord-Respondent, v. Empire Scaffolding Systems, Inc., Respondent-Tenant-Appellant.
Unpublished Opinion
MOTION DECISION
Present - Hon. Dianne T. Renwick, Acting Presiding Justice, Ellen Gesmer Peter H. Moulton Saliann Scarpulla John R. Higgitt, Justices.
Respondent-tenant-appellant having moved for leave to appeal to this Court from the decision and order of the Appellate Term, First Department, entered in the office of the Clerk of the Supreme Court, New York County, on or about February 22, 2023, and to continue the stay issued within an order of the Appellate Term, First Department, entered on or about September 26, 2022 (Motion No. 2023-01626), And petitioner-landlord-respondent having cross moved for, inter alia, an order directing that any continuation of the aforesaid stay be conditioned upon respondent-tenant-appellant's tender of use and occupancy by the first of each month, every month, at the fair market rate of $25,000 (Motion No. 2023-01709), Now, upon reading and filing the papers with respect to the motion and cross motion, and due deliberation having been had thereon, It is ordered that the respondent-tenant-appellant's motion is denied (Motion No. 2023-01626), and it is further ordered that plaintiff-landlord-respondent's cross motion is denied as academic (Motion No. 2023-01709).